Seòmar agus comataidhean

Thanks, convener, although much of what I wanted to cover has been covered by Russell Findlay.

We still work within the context of 50-year-old misuse of drugs legislation that might have been fit for purpose back in 1971 but most people agree is less relevant now, particularly in Scotland, where we are looking to develop a public health approach. A justice approach to drug use and possession is appropriate at the higher end where it is more about supply and possession, but we are talking only about possession. I fail to see the benefit of criminalising an individual who, because of their circumstances, experience and environment, is living with a drug harm problem. They would not choose that but circumstances have taken them to that place.

It might be helpful to open that question up to the other witnesses. Kirsten Horsburgh responded to the questions that Russell Findlay asked, but do Liz Nolan or Karen Reynolds have any comments about drug law in the context of what we are trying to achieve in Scotland?

In the Criminal Justice Committee’s evidence-taking sessions, we have discussed release from prison, and particularly the challenges with unplanned release from remand. That can create difficulties for individuals whose release has not been anticipated but who nonetheless walk out of court.

How can we ensure that those people are supported, given that the support that they require will not necessarily look the same as the support for people who are released from a completed sentence? How do we ensure that that point of vulnerability does not take them back into a problematic situation where services and key worker support are not in place? I am interested in your views on that, because it is something that the committee has grappled with.

Good morning. In your opening remarks, minister, you mentioned the Bail and Release from Custody (Scotland) Bill, which the Criminal Justice Committee is considering. As you said, a key part of that bill is about improving the process of release from prison. I know that removing barriers to people accessing services and treatment on release from prison is dealt with in some detail in the cross-Government response to the task force’s report.

In the Bail and Release from Custody (Scotland) Bill, there is a duty on ministers to publish throughcare standards for remand and sentenced prisoners so that there will be an improvement in the consistency of throughcare support. In the context of drug harm, the work that you are doing in response to the task force’s report, and the vulnerability that individuals face at the point of release, when they have perhaps come from a period of abstinence but are vulnerable to going back into an environment that will place them at risk of harm from drug use, will you give some commentary on what those throughcare standards should look like?

Thank you, Justina. I put the same question to Kirsten Horsburgh.

It was evident in the committee’s work that the point when someone is walking out of the prison gate is too late for throughcare and aftercare.

That is helpful.

Thank you very much indeed, cabinet secretary. We will move to questions from members.

As there are no further questions, I invite the cabinet secretary to move motion S6M-07936.

Motion moved,

That the Criminal Justice Committee recommends that the Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2023 [draft] be approved.—[Keith Brown]

Motion agreed to.

Thank you.

We have about 15 minutes or so left and there are still some members who want to ask questions. I ask members to target their questions at specific witnesses and I will bring in others if they have something further to add. As ever, please keep questions and answers as succinct as possible.

That is helpful. I will bring in other members.